N.J. Admin. Code § 6A:26A-3.2

Current through Register Vol. 56, No. 23, December 2, 2024

Section 6A:26A-3.2 - Eligible work for school district water infrastructure improvement grants

(a) The Commissioner will award water infrastructure improvement grants for projects that address water contamination, including:

1. Improvements to drinking water outlets with a detectable level of lead or other contaminants, as demonstrated by testing conducted pursuant to N.J.A.C. 6A:26-12.4, located in school district schools. The improvements shall include:

i. The replacement of drinking water outlet fixtures with fixtures that are certified lead-free by an American National Standards Institute (ANSI) accredited third-party certification body that provides certification pursuant to the SDWA lead-free requirement for manufacturers of drinking water system and plumbing products; and

ii. The installation of point-of-use treatment devices that are certified to reduce lead or other contaminants in accordance with National Science Foundation/ANSI standards, in conjunction with an operation and maintenance plan requiring that the school business administrator, or his or her designee, shall submit an annual certification that the treatment device is being properly maintained and operated to the executive county superintendent; or

2. Whole system remediation, which includes:

i. The installation of automated water flushing systems, which means systems that utilize time-operated values that are set to flush pipes to maintain non-detectable lead levels and mitigate other water quality conditions. Eligible systems shall be capable of storing instructions and data for a minimum of 12 months, offer continuous monitoring of water quality conditions, and be capable of 10 flushing program events per day;

ii. Replacement of lead service lines that provide water to school district schools from the water main to the building inlet.

(1) The replacement of the lead service line shall be conducted in collaboration with the public water system or utility that serves the facility;

(2) The proposed project shall address the replacement of the entire lead service line from water main to curb, even when the public water system or utility owns a portion of the lead service line, when to replace only the school district portion would be a greater, temporary negative impact to lead exposure or does not remove the entire source of lead in the service line; or

iii. Installation, repair, or reconstruction of the non-community or non-public well system to address demonstrated water contamination or exceedance of a maximum contaminant level or action level, including any primary drinking water standard as set forth under the SDWA or NJSDWA, and excluding piping replacement in the distribution system.

(b) The following work is ineligible for school district water infrastructure improvement grants:

1. Water infrastructure improvements completed prior to January 1, 2016;

2. Work to be funded by debt service;

3. Work not specifically listed in (a) above;

4. Work for fixtures that are not considered drinking water outlets pursuant to this chapter and N.J.A.C. 6A:26-1.2;

5. Any services performed by consultants or otherwise not included in the full cost of the water infrastructure improvement project;

6. Whole-school plumbing assessments, or any services not authorized by this subchapter;

7. Improvements to school district schools solely used for early childhood students;

8. Improvements to a leased building, except where:

i. The lessor is a public entity, such as a school district or county college;

ii. The term of the lease agreement is for a minimum of five years, with an end date no earlier than June 30, 2024; and

iii. The school district is authorized to make the capital improvements represented in the grant application.

9. Improvements to a charter or renaissance school; and

10. Costs for replacement of filters after initial purchase and completion of the water infrastructure improvement project funded by a grant.

N.J. Admin. Code § 6A:26A-3.2

Adopted by 52 N.J.R. 694(a), effective 4/6/2020